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THE HONGKONG GOVERNMENT GAZETTE, 16TH JUNE, 1883.
How compen- sation to ab- sent parties to be deter- mined
Damage for severance, &C., may be in- cluded in com- pensation.
Where com-
pensation to absent party has been ascer- tained เลย
aforesaid
the party may have the same determined as in other cases of disputed compensation.
Question to be determined.
If further sum deter- mined Company to pay same into Court within fourteen days.
Cost of the enquiry.
Compensation where no satisfaction previously made, how to 'be settled.
Purchase- money
payable to parties under disability exceeding $1,000 to be paid into Court.
Application of monies paid
in.
78. The purchase money or compensation to be paid for any of the said lands mentioned in the said Schedule D. and required to be purchased or taken by the company from any party who, by reason of absence from the Colony of Hongkong, is prevented from treating, or who cannot after diligent enquiry be found, shall be determined upon petition to the Court in a summary way, and the expenses thereof and incident thereto shall be borne by the Company.
79. In estimating the purchase money or compensation to be paid by the Company in any of the cases aforesaid, regard may be had not only to the value of the land to be purchased or taken by the Company, but also to the damage if any to be sustained by the owner of the lands by reason of the severing of the lands taken from other lands of such owner, or of such other lands being other- wise injuriously affected by the exercise of the powers of this Ordinance, and to the fact that the lands taken are so taken from such owner compulsorily.
80. When the compensation payable in respect of any of the said lands mentioned in the said Schedule D., or any interest therein, shall have been ascertained and paid into Court under the provisions herein contained, by reason that the owner of, or party entitled to assign such lands or such interest therein as aforesaid could not be found, or was absent from the said Colony of Hongkong, if such owner or party shall be dissatisfied with such determination, it shall be law- ful for him, before he shall have applied to the Court for payment out or investment of the monies so paid into Court, by notice in writing to the Company to require the ques- tion of such compensation to be determined by a suit to be instituted in the Court in its Original Jurisdiction in the same manner as is hereinbefore provided for in other cases of disputed compensation, and thereupon the same shall be so determined accordingly.
81. The question to be determined in the case last afore- said shall be, whether the said sum so paid into Court as aforesaid by the Company was a sufficient sum, or whether any, and what further sum ought to be paid into Court by them.
82. If it shall be determined that a further sum ought to be paid into Court by the Company, they shall so pay, such further sum within fourteen days after such deter- mination or, in default thereof, the same may be enforced by attachment, or recovered, with costs, by action or suit.
83. If it shall be determined that the sum so paid into Court was sufficient, the costs of and incident to such enquiry shall be in the discretion of the Court, but if it shall be determined that a further sum ought to be paid into Court by the Company, all the costs of and incident to the enquiry shall be borne by the Company.
84. If any party shall be entitled to any compensation in respect of any of the said lands, mentioned in the said Schedule D., or of any interest therein, which shall have been taken for or injuriously affected by the execution of the works, and for which the Company shall not have made satisfaction under the provisions of this Ordinance, such compensation shall be determined, where no agreement has been come to between such party and the Company, by a suit to be instituted in the Court in its Original Juris- diction in the same manner as is hereinbefore provided for in other cases of disputed compensation.
Application of Compensation.
85. If the purchase-money or compensation which shall be payable in respect of any of the said lands, mentioned in the said Schedule D., or of any interest therein, pur- chased or taken by the Company from any tenant for life or in tail, married woman seized in her own right, guardian committee of lunatic or idiot, trustee, executor or admi- nistrator, or person having a partial or qualified interest only in such fands, and not entitled to sell or assign the same except under the provisions of this Ordinance, or the compensation to be paid for any permanent damage to any such lands, exceed the sum of one thousand dollars, the same shall be paid into Court, subject to the orders of the Court, and such monies shall remain in Court until the same be applied to some one or more of the following purposes, (that is to say)
In the discharge of any debt or incumbrance affecting the land in respect of which such money shall have